Former U.S. Attorney Jay Town is defending the Birmingham Police Department over an incident that led to officers using a stun gun on a high school band director after a football game.
Minor High School Band Director Johnny Mims, who had reportedly refused to make his band stop playing after the game had concluded, was charged with disorderly conduct, harassment, and resisting arrest.
“BPD officers attempted to take the band director into custody for disorderly conduct when a physical altercation ensued between the band director, Birmingham City Schools personnel, and BDP officers,” the police department said in a statement. “During the physical altercation, officers attempted to get the band director to place his hands behind his back, but he refused. The arresting officer alleges the band director pushed him during the arrest. The arresting officer then subdued the band director with a Taser which ended the physical confrontation.”
Town discussed the incident Monday on WVNN’s “The Dale Jackson Show.”
“BPD did have a lawful reason to clear the stadium,” Town said. “We’ve been seeing increased violence in high school football games across the country, even here in Alabama. And so getting everybody off those premises and separated is the safest thing for everyone.”
Town emphasized the need for people to comply with police orders in situations like the one at the stadium
“The band director doesn’t get to decide at the moment what a lawful order is,” he said. “Any more than ‘Hey, I didn’t think I was speeding so I didn’t pull over’ or ‘I didn’t think I needed to get out of the vehicle because what you’re smelling is not weed; it’s something else.’
“Here’s a phrase everybody needs to learn. ‘Comply now, complain later.'”
Town said if you have an issue with how something is being handled by the police, the wrong response is to fight with the officers in the moment.
“If he had a reason to complain, he could have done so publicly after he complied,” he said. “But ‘I’m not done yet, go ahead and arrest me,’ and he swings on a cop, according to the police officers, guess what happens then? You get tased and you get arrested, and that’s exactly what happened.”
He also said Mims did not set a good example for his students.
“He taught those kids how to be disobedient, how to show disrespect for law enforcement, a disrespect for authority, how to be violent, if in fact he did push, shove, swing on any member of law enforcement,” he said. “That’s what he taught those kids and he’s doubling down on that. And that’s what those kids, who respect their band director, they like him, they’re going to take his side and they’re going to think that’s right.”
Despite the alleged violent actions from Mims, Town said mostly likely he won’t face any jail time.
“This goes through the city’s attorney’s office because it’s a misdemeanor,” he said. “That’s controlled by the mayor’s office so I tend to believe they might end up diverting it so that he has to do some community service, maybe teach kids how to play the flute, and then his charge will be dismissed.”
Yaffee is a contributing writer to Yellowhammer News and hosts “The Yaffee Program” weekdays 9-11 a.m. on WVNN. You can follow him on Twitter @Yaffee
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